Haynes' defense attorney questions victims during assault trial

Published: Thursday, March 03, 2005

D. LANCE LUNSFORDAVALANCHE-JOURNAL

Defense attorney Daniel Hurley on Wednesday questioned the victims of a 2003 altercation that resulted in two stabbing injuries.

Randall "Randy" Haynes, 37, faces two charges of aggravated assault with a deadly weapon. Haynes is accused of attacking Robbey Cockrell II, 21, and John "Bobby" Mayo, 18 - the sons of his then-girlfriend, Serena Levens - on May 19, 2003, in the 9900 block of North Chester in North Lubbock.

The first victim took the stand Wednesday afternoon - a full day after the trial began. Levens, however, preceded her sons in testifying.

"Robbey was concerned about an addiction," Levens said in front of jurors.

Without the statement, Hurley was hindered by 364th District Judge Bradley S. Underwood from going into detail about Levens' drug history and that of her son, Cockrell. However, when she mentioned the "addiction," Underwood allowed Hurley, through questioning, to show jurors Levens was referring to her own addiction to methamphetamine.

"He was accusing me of doing what I used to do a long time ago," said Levens, referring to meth use in describing her telephone conversation with Haynes just moments before she broke up with him.

Moments after the telephone break-up, Haynes - who was at Levens' home while she was traveling there - allegedly broke down a door to Levens' bedroom.

In early Wednesday testimony, Hurley brought issues regarding Cockrell's toxicology tests to light as well. According to testimony, Cockrell was found to have amphetamine and marijuana in his system at the time of the altercation. Although the prosecution managed to show Cockrell was not under the influence at the time of the altercation, Hurley maintained Haynes' knowledge of Cockrell's use of meth prompted a concern for his own safety when the two squared off the night of the incident. Meth, also known as speed, is known to greatly affect the energy level of an individual.

Cockrell and Mayo took the stand Wednesday afternoon. Although Lubbock County Sheriff's Office investigators took samples of a large amount of blood from Levens' bedroom - where Haynes was allegedly rampaging and ransacking her property - Cockrell and Mayo both claimed they did not fully enter the bedroom. Both denied Cockrell having a knife when the altercation started.

Hurley claims his client was merely defending himself.

In opening statements Tuesday, Hurley said Haynes was gathering belongings after the break-up when Cockrell confronted him with a knife and "a crazed look in his eye."

Putting Cockrell on the stand meant delving into his own trouble with the law as well.

"Would you agree with me, Robbey, that when you use methamphetamine that it impairs your judgment?" Hurley asked.

Cockrell plainly replied, "No, sir."

Cockrell said he smoked meth the night before the attack but not after. In 2001, Cockrell was charged with possession of a controlled substance with intent to deliver. The same year, he was also cited for possession of drug paraphernalia.